Section 245 i

Are you out of status? If you are, you may have more options than you think under Section 245 i. Please call experienced New Jersey immigration lawyer Susan Scheer to review your status and continue to bring you amnesty. Our entire staff is bilingual and will guide you through the legal process.

New Jersey Immigration Lawyer

Amnesty Section 245 i Cases

Are You Out of Status?

If you are, you may have more options than you think. If you have entered without examination or your visa has expired, there is a chance that you may be eligible for 245(i) status. This temporary provision allowed foreign nationals who entered the country illegally, had been out of status, or worked without authorization to apply for adjustment of status without being required to leave the country to do so.

Before it was ultimately rescinded, President Clinton briefly brought back the ssection 245 i exception for the months of January through April 2001. However, one provision permits “grandfathered” immigrants (i.e. beneficiaries of visa petitions and labor certification applications filed by April 30, 2001) to file section 245 i adjustment applications. Another provision allows certain employment-based immigrants to file for adjustment of status under the normal procedures set forth in section 245(a), despite periods of unlawful presence in the United States.

If you applied for a visa during that time, you would have been protected and may still be able to adjust your status now. If you or your loved one is living in the United States under these circumstances, contact The Law Offices of Susan W. Scheer for an initial consultation.

All of this information is quite general. If you want a clear picture of all your options, contact the office for a consultation.

Contact a section 245 i immigration lawyer for an initial consultation.

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Visa FAQs

>> Can I apply for a visa while still in my home county?

Consular processing allows foreign nationals to apply for visas while still in their home country. This is best handled with an experienced immigration lawyer in the U.S., working closely with a liaison (usually a family member or employer) already in the country.

Submitting a petition via consular processing presents its own challenges because we are no longer dealing with United States Customs and Immigrations Services. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, an attorney can ensure that the government has the requisite information to process your petition without unnecessary delays.

>> How can I obtain a student visa?

If you wish to study in the United States but are not a citizen, you can obtain a student visa that will allow you to pursue an education in the country legally. This visa does not grant you permanent residency, but it can lead to eventual citizenship down the road if you request a status change. Student visas are generally granted to individuals studying at a college or university and will not expire until his or her time as a student is up. Once you have been accepted to a school that has been approved by the Student Exchange and Visitor Program, you can come to an experienced U.S. immigration attorney for help with the process. It will help to have a liaison who is already here in the country, usually a school official or family member. An interview will also be mandatory for applicants between 14 and 79.

>> What is the difference between a Visa Waiver and a B Tourist visa?

The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.

Visa Waiver

Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.

B Tourist Visa

If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.

>> I’ve been the victim of domestic abuse. Can I apply for a U visa?

USCIS reserves U visas (10,000 per year) for victims of crime, especially violent crime. Many applicants have suffered domestic abuse, kidnapping, prostitution, involuntary servitude, labor fraud, or sexual assault. If you have been a victim you may apply for a U visa, on the condition that you work with law enforcement by completing a I-918 form, usually available at your police department.

Because the U visa is reserved for victims, it depends on documentation from the police. This means that if you’ve been a victim, you must have contacted the police. Without documentation of the crime, the police will not sign off on your I-918 form.

Police may refuse to sign the I-918 form. This is entirely at their discretion. You may have other options, though. If your case has traveled through the courts, a prosecutor or judge may sign your form. If you’re not sure how to get a completed I-918 form, an immigration lawyer may have the expertise and the resources to help you.

The U visa comes with a work permit valid for three years. With a work permit you may obtain a Social Security Number and a driver’s license. After three years you may apply for an adjustment of status, which could lead to a green card.